A judge on Friday dismissed two of 10 counts against two men being tried in the slaying of a federal marshal, but they still face the most serious charge.
U.S. District Judge Edward Lodge reserved judgment on dismissal of a third count and rejected defense attorney David Nevin's contention that the entire indictment against the duo is "nothing but speculation."His ruling left white separatist Randy Weaver and co-defendant Kevin Harris still facing the most serious counts, including the charge of murdering Deputy U.S. Marshal William Degan during an Aug. 21 shootout at Weaver's northern Idaho cabin.
The gunfight erupted as marshals were preparing to arrest Weaver for failing to appear at a 1991 trial on a weapons charge.
Lodge dismissed one charge that both defendants attempted to fire on officers in a helicopter as it approached the cabin on the second night of the siege and another that Weaver and Harris obtained guns and ammunition while Weaver was a fugitive on the weapons charge.